Following planned development approval, the development plan approved by the planning commission or planning director in the case of an administrative planned development, shall constitute the site design in relation to building placement and design, landscaping, mobility and circulation elements, and any elements that were approved as zoning modifications through the planned development process. Modifications to the development plan may be allowed pursuant to this section.
A. New Application Required for Modifications and Amendments: Modifications or amendments shall be subject to the provisions of this section.
B. Minor Modifications: The planning director may authorize minor modifications to the approved development plan when such modifications appear necessary in light of technical or engineering considerations necessary to comply with an adopted building, fire, or engineering code or standard or when the modification complies with the applicable standards in the underlying zoning district or overlay district. Such minor modifications shall be limited to the following elements:
1. Adjusting the distance as shown on the approved development plan between any one structure or group of structures, and any other structure or group of structures, or any vehicular circulation element;
2. Adjusting the location of any open space;
3. Adjusting any final grade;
4. Altering the types of landscaping elements and their arrangement within the required landscaping buffer area;
5. Signs;
6. Relocation or construction of accessory structures that comply with the provisions of Chapter 21A.40 and any applicable accessory structure regulations; or
7. Additions which comply with the lot and bulk requirements of the underlying zone.
Such minor modifications shall be consistent with the intent and purpose of this title and the development plan as approved pursuant to this chapter and shall be the minimum necessary to comply with the standards of the underlying zoning district or the applicable building, fire, or engineering code or standard. A minor modification shall not be approved if the modification reduces a required building setback, authorizes an increase in lot coverage, or increases building height.
C. Major Modifications: Any modifications to the approved development plan not authorized by Subsection B shall be considered to be a major modification. The planning commission or planning director in the case of an administrative planned development, shall give notice to all property owners consistent with notification requirements located in chapter 21A.10 of this title. The planning commission or planning director in the case of an administrative planned development, may approve an application for a major modification to the approved development plan, not requiring a modification of written conditions of approval or recorded easements, upon finding that any changes in the plan as approved will be in substantial conformity with the approved development plan. If the commission or planning director in the case of an administrative planned development, determines that a major modification is not in substantial conformity with the approved development plan, then the commission or planning director in the case of an administrative planned development, shall review the request in accordance with the procedures set forth in this section.
D. Other Modifications: Any modification to the planned development that complies with the standards of the underlying zoning district or overlay zoning district is allowed provided the modification does not violate a condition of approval or other requirement placed on the planned development as part of the approval of the application and required permits and approvals are obtained. (Ord. 56-24, 2024: Ord. 8-18, 2018)